Title 3, Guardian And Ward

Combining petition for guardian and conservator. A petition for the appointment of a guardian and a conservator may be filed and the cause shall be tried as provided in W.S. 3-3-101 through 3-3-104 for the appointment of a conservator. The same person may be appointed to serve as…

Provisions applicable to all fiduciaries shall govern. The provisions of W.S. 2-3-101 through 2-3-504 and 2-3-801 through 2-3-834 govern the appointment, qualification, substitution, removal, oath and bond of a guardian, limited guardian and conservator. A guardian or limited gua…

Combination of involuntary, voluntary and standby petitions and hearings. If prior to the time of hearing on a petition for the appointment of a guardian under W.S. 3-2-101 or for the appointment of a conservator under W.S. 3-3-101, a petition is filed under the provisions of W.S…

Guardians ad litem not affected. (a) The appointment of a guardian or conservator for a ward does not affect or impair the power of any court to appoint a guardian ad litem to represent the best interests of any minor, incompetent person or mentally incompetent person interested …

Limitation of action on bond. An action shall not be brought against the sureties on any bond given by a guardian or conservator unless it is commenced within five (5) years from the discharge or removal of the guardian or conservator, but if, at the time of the discharge, the pe…

Order restricting disclosure. (a) Upon application, the court may order sealed any portion of a ward's file containing those matters described in W.S. 16-4-203(b) and (d) and any personally identifiable information, including financial information relating to the ward. Sealed rec…

Complaint against guardian or conservator. (a) Any person having reason to believe that a guardian or conservator is not properly discharging his duties shall report the allegations and relevant supporting facts in a verified writing to the clerk of the district court that establ…

Effect of appointment of guardian or conservator. The appointment of a guardian or conservator does not constitute an adjudication that the ward lacks testamentary capacity.

Powers of the ward. (a) A ward who is a minor or a mentally incompetent person for whom a conservator has been appointed does not have the power to convey, encumber or dispose of property in any manner, except: (i) By will if he possesses the requisite testamentary capacity; or (…

Title to ward's property. Title to all property of the ward remains in the ward and is subject to the possession of the conservator and to the control of the court for the purposes of administration, sale or other disposition as provided by law.

Conservator's right to possession. (a) The conservator shall: (i) Take possession of all the real and personal property of the ward; (ii) Pay out of the ward's estate the taxes assessed against the ward's property; and (iii) Collect the income realized from the ward's property. (…

Rights of proposed ward. (a) The proposed ward of any involuntary petition for guardianship or conservatorship shall have the right to: (i) Notice of the filing of the petition; (ii) An opportunity for a hearing; (iii) Be present at any hearing regarding the proposed guardianship…

Rights of ward. (a) The ward under any guardianship or conservatorship shall have the right to: (i) The least restrictive and most appropriate guardianship or conservatorship suitable to the ward's circumstances, subject to the order of preference provided by W.S. 3-2-107 and 3-3…

Petition for appointment of guardian. (a) Any person may file with the clerk a petition for the appointment of a guardian. The petition shall state: (i) The name, age and address of the proposed ward; (ii) The status of the proposed ward as a minor, an incompetent person or a men…

Notice; when required; governed by rules of civil procedure. (a) Notice of filing of a petition for appointment of an involuntary guardianship shall be served on the proposed ward, his custodian and the proposed guardian. (b) Notice of filing of a petition for appointment of an i…

Pleadings and trial; rules of civil procedure. After the petition is filed, all proceedings are governed by the Wyoming Rules of Civil Procedure and the Wyoming Rules of Evidence. The petitioner, the proposed ward or his custodian may demand a jury trial as provided by the Wyomin…

Appointment of guardian. (a) The court may appoint a guardian if the allegations of the petition as to the status of the proposed ward and the necessity for the appointment of a guardian are proved by a preponderance of the evidence. (b) The order appointing a guardian shall stat…

Appointment of guardian on voluntary petition. (a) A guardian may be appointed by the court upon the petition of the proposed ward, including a minor who has reached the age of fourteen (14) years, if the court determines that the appointment is in the best interest of the petiti…

Appointment of a temporary or emergency guardian. (a) Upon the filing of a petition for a temporary guardian other than a petition for temporary guardianship for educational, medical care and dental care purposes pursuant to W.S. 3-2-301 through 3-2-303 and after a hearing the co…

Who may be appointed as guardian; preference for appointment of guardians. (a) The court may appoint any qualified person as guardian of an incompetent person or a minor. The court may not appoint a person to be a guardian of an incompetent person or a minor if the person propose…

Appointment of guardian on a standby basis. A petition for the appointment of a guardian of the petitioner on a standby basis may be filed by any person under the same procedure and requirements as provided in W.S. 3-3-301 through 3-3-306 for appointment of a standby conservator,…

Guardian's report. (a) The guardian shall present to the court and file in the guardianship proceedings a signed, written, report on the physical condition, including level of disability or functional incapacity, principal residence, treatment, care and activities of the ward, as…

Appointment of department of health or the department of family services as guardian. (a) The department of health or the department of family services may petition any district court in the state to be appointed guardian of a minor who is in its custody. (b) If a department in s…

Fees of the guardian. (a) The fees of the guardian shall be: (i) Reasonable and appropriate; (ii) Set and approved by the court. (b) The fees of the guardian shall not be approved by the court unless all reports required of the guardian are current.

Immunity of volunteer guardian. Any person who is appointed guardian of a ward pursuant to W.S. 3-2-104, who serves in that capacity without compensation other than reimbursement for out-of-pocket expenses associated with the appointment and who carries out the duties of guardian…

Powers and duties of guardian. (a) The guardian shall: (i) Determine and facilitate the least restrictive and most appropriate and available residence for the ward; (ii) Facilitate the ward's education, social and other activities; (iii) Subject to the restrictions of W.S. 3-2-20…

Powers of the guardian subject to approval of the court. (a) Upon order of the court, after notice and hearing and appointment of a guardian ad litem, the guardian may: (i) Commit the ward to a mental health hospital or other mental health facility; (ii) Consent to the following …

Definitions. (a) As used in this article: (i) "Caregiver" means a person, other than a natural parent or legal guardian, who is at least eighteen (18) years of age and is the primary physical custodian and a relative of a minor child; (ii) "Child" means a person under eighteen (1…

Appointment of temporary guardian for educational, medical care and dental care purposes. (a) A caregiver of a child may petition for appointment as a temporary guardian of a child for educational, medical care and dental care purposes. The petition shall be verified by affidavit…

Notice to court. If a child subject to an ex parte order appointing a temporary guardian of a child for educational, medical care and dental care purposes is no longer living in the primary physical custody of the caregiver, the caregiver shall within three (3) business days noti…

Petition for involuntary appointment of conservator. (a) Any person may file with the clerk a petition for the involuntary appointment of a conservator. The petition appointment shall state: (i) The name, age and address of the proposed ward; (ii) The status of the proposed ward …

Notice; when required; governed by rules of civil procedure. (a) Notice of filing of a petition for appointment of an involuntary conservator shall be served on the proposed ward, his custodian, the proposed conservator and upon the proposed ward's parents, agent or fiduciary und…

Pleadings and trial; rules of civil procedure. After the petition is filed, all proceedings are governed by the Wyoming Rules of Civil Procedure and the Wyoming Rules of Evidence. Petitioner, the proposed ward or his custodian may demand a jury trial as provided by the Wyoming Ru…

Appointment of conservator. (a) The court may appoint a conservator if the allegations of the petition as to the status of the proposed ward and the necessity for the appointment of a conservator are proved by a preponderance of the evidence. (b) The order appointing a conservato…

Preference for appointment of conservator of a minor. (a) The appointment of a qualified and suitable conservator of a minor shall be made in the following order of preference: (i) The parent or parents of the minor; (ii) The person nominated as conservator in the will of the cus…

Appointment of conservator on voluntary petition. (a) The court may appoint a conservator upon the petition by the proposed ward if: (i) The petitioner has reached the age of fourteen (14) years; and (ii) The court determines that the appointment of a conservator is in the best i…

Appointment of a temporary conservator. (a) Upon the filing of a petition for a temporary conservator and after a hearing the court may appoint a temporary conservator subject to any notice and conditions the court prescribes. (b) Every order appointing a temporary conservator sh…

Payment or delivery of property in lieu of conservatorship. (a) Any person under a duty to pay or deliver money or personal property to a minor for whom no conservator has been appointed may pay not more than twenty-five thousand dollars ($25,000.00) per annum or may deliver prop…

Petition for appointment of conservator for absentee. (a) Any person may file with the clerk a petition for the appointment of a conservator of the property of the absent owner when the following conditions exist: (i) A person owns property located in this state and his location …

Original notice governed by rules of civil procedure. Notice of the filing of the petition and of the time and place set for the hearing on the petition shall be served upon the absentee by publication as provided by the Wyoming Rules of Civil Procedure.

Additional notice governed by rules of civil procedure. (a) Notice of the filing of the petition and of the time and place set for the hearing on the petition shall also be served as provided by the Wyoming Rules of Civil Procedure on: (i) The spouse and children of the absentee;…

Pleadings and trial; rules of civil procedure. All proceedings for the appointment of a conservator for an absent person shall be governed by the Wyoming Rules of Civil Procedure and the Wyoming Rules of Evidence.

Appointment of conservator. If the allegations of the petition are proved by a preponderance of the evidence, the court may appoint a conservator.

Appointment of temporary conservator. Upon the filing of a petition for a temporary conservator and after a hearing the court may appoint a temporary conservator subject to any notice and conditions the court prescribes.

Voluntary petition for appointment of conservator; standby basis. Any adult who is of sound mind may execute a petition for the voluntary appointment of a conservator of his property upon the express condition that the petition shall be acted upon by the court only upon the occur…

Petition may nominate conservator. The petition may nominate a person for appointment to serve as conservator, and may request that the appointment be made without bond, or with bond of a certain stated sum. When appointing the conservator the court shall give due regard to the n…